First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0626.01 Megan McCall x4215
HOUSE BILL 25-1095
House Committees Senate Committees
Finance
A BILL FOR AN ACT
C
ONCERNING REQUIREMENTS OF A PETITIONER , INCLUDING THEIR101
AGENT OR REPRESENTATIVE , IN CERTAIN PROPERTY TAX102
APPEALS.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill requires that, for protests to the county assessor and at
hearings for property tax appeals concerning nonresidential real property
that is not agricultural property, the requested valuation that is set forth
by a petitioner or a petitioner's agent or representative for that property be
made in compliance with the uniform standards of professional appraisal
HOUSE SPONSORSHIP
Story and Clifford,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. practice.
Current law requires that any petitioner appealing either a
valuation of rent-producing commercial real property to the board of
assessment appeals or a denial of an abatement of taxes provide certain
documentation and data regarding the property. The bill requires that, in
addition to these existing requirements, the petitioner also provide full
copies of all leases that are in place as of the date of valuation and any
market data that the petitioner has relied on in determining the valuation
that the petitioner is requesting in their appeal.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 39-5-122, add (2.7)2
as follows:3
39-5-122. Taxpayer's remedies to correct errors - definition.4
(2.7) F
OR ANY PROTEST CONCERNING NONRESIDENTIAL REAL PROPERTY5
THAT IS NOT AGRICULTURAL PROPERTY, THE REQUESTED VALUATION THAT6
IS SET FORTH BY A PROTESTER OR A PROTESTER 'S AGENT OR7
REPRESENTATIVE FOR THAT PROPERTY MUST BE MADE IN COMPLIANCE8
WITH THE UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE .9
A
S USED IN THIS SUBSECTION (2.7), "UNIFORM STANDARDS OF10
PROFESSIONAL APPRAISAL PRACTICE " HAS THE SAME MEANING AS SET11
FORTH IN SECTION 12-10-602 (10).12
SECTION 2. In Colorado Revised Statutes, 39-8-107, amend (1)13
and (5)(a)(I)(C); and add (5)(a)(I)(E) and (5)(a)(I)(F) as follows:14
39-8-107. Hearings on appeal - definition. (1) (a) (I) At the15
hearing upon a petition, the assessor or the assessor's authorized16
representative shall be present and shall produce information to support17
the basis and amount of the assessor's valuation of the property. The18
board shall hear and consider all testimony and examine all exhibits19
produced or introduced by either the petitioner or the assessor, with no20
HB25-1095-2- presumption in favor of any pending valuation, and may subpoena1
witnesses to testify. The costs of producing the petitioner's witnesses shall2
be paid by the petitioner, and the costs of producing the assessor's3
witnesses shall be paid by the county.4
(II) A
T ANY HEARING ON A PETITION CONCERNING5
NONRESIDENTIAL REAL PROPERTY THAT IS NOT AGRICULTURAL PROPERTY ,6
THE REQUESTED VALUATION THAT IS SET FORTH BY A PETITIONER OR A7
PETITIONER'S AGENT OR REPRESENTATIVE FOR THAT PROPERTY MUST BE8
MADE IN COMPLIANCE WITH THE UNIFORM STANDARDS OF PROFESSIONAL9
APPRAISAL PRACTICE. AS USED IN THIS SUBSECTION (1)(a)(II), "UNIFORM10
STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE " HAS THE SAME11
MEANING AS SET FORTH IN SECTION 12-10-602 (10).12
(b) On the basis of the testimony produced and the exhibits13
introduced
IN ACCORDANCE WITH SUBSECTION (1)(a) OF THIS SECTION, the14
board shall grant or deny the petition, in whole or in part, and shall notify15
the petitioner and the assessor in writing. If the board denies the petition,16
in whole or in part, such written notice shall inform the petitioner of the17
right to appeal within the thirty-day period following the denial to the18
district court or the board of assessment appeals pursuant to section19
39-8-108 (1) or within the thirty-day period following the denial to submit20
the case to arbitration pursuant to section 39-8-108.5. Such notice shall21
state that, if the appeal is to the board of assessment appeals, the hearing22
before the board of assessment appeals shall be the last hearing at which23
testimony, exhibits, or any other type of evidence may be introduced by24
either party and that, if there is an appeal to the court of appeals pursuant25
to section 39-8-108 (2), the record from the hearing before the board of26
assessment appeals and no new evidence shall be the basis for the court's27
HB25-1095
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appeals shall also be included on the notice. The notice shall also state,2
in general terms, how to pursue arbitration and that, if a taxpayer submits3
the case to arbitration, the decision reached under such process shall be4
final and not subject to review. If a referee heard the case, the board shall,5
at the written request of any taxpayer or any agent of such taxpayer within6
seven working days after receipt of said request, make available to the7
taxpayer or agent the referee's findings and recommendations. At the8
board's election, the board may either mail, fax, or send by electronic9
transmission such findings and recommendations to the address, phone10
number, or electronic address supplied by said taxpayer or agent. Upon11
receipt of such request, the board shall notify the taxpayer or agent of the12
estimated cost of providing such findings and recommendations, payment13
of which shall be made prior to providing such findings and14
recommendations. Upon providing such findings and recommendations,15
the board may include a bill for the reasonable cost above the estimated16
cost and up to the statutory maximum which shall be due and payable17
upon receipt by the taxpayer or agent. 18
(5) (a) (I) On and after August 10, 2011, in addition to any other19
requirements under law, any petitioner appealing either a valuation of20
rent-producing commercial real property to the board of assessment21
appeals pursuant to section 39-8-108 (1) or a denial of an abatement of22
taxes pursuant to section 39-10-114 shall provide to the county board of23
equalization or to the board of county commissioners of the county in the24
case of an abatement, and not to the board of assessment appeals, the25
following information, if applicable:26
(C) Itemized expenses for two full years including the base year27
HB25-1095
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(E) F
ULL COPIES OF ALL LEASES THAT ARE IN PLACE AS OF THE2
DATE OF VALUATION; AND3
(F) A
NY MARKET DATA THAT THE PETITIONER HAS RELIED ON IN4
DETERMINING THE VALUATION THAT THE PETITIONER IS REQUESTING IN5
THEIR APPEAL.6
SECTION 3. In Colorado Revised Statutes, 39-8-108, amend7
(5)(d) and (5)(e); and add (5)(f) as follows:8
39-8-108. Decision - review - opportunity to submit case to9
arbitration - definition. (5) In any appeal authorized by this section or10
by section 39-5-122, 39-5-122.7, or 39-10-114:11
(d) Upon request, the respondent shall make available to the12
taxpayer two working days prior to any appeal hearing data supporting the13
assessor's valuation. Such request shall be accompanied by data14
supporting the taxpayer's valuation. Nothing in this paragraph (d) shall be
15
construed to prohibit SUBSECTION (5)(d) PROHIBITS the introduction at16
such appeal hearing of any data discovered as a result of the exchange of17
data required by this paragraph (d); and SUBSECTION (5)(d);18
(e) In using the market approach to determine the value of19
residential real property, if the assessor has knowledge of the conversion20
from one residential use to a different residential use, such conversion21
shall create a rebuttable presumption that the sale of such property is not22
a comparable sale for purposes of establishing the value of a property23
having a similar prior residential use;
AND24
(f) I
F THE APPEAL IS CONCERNING NONRESIDENTIAL REAL25
PROPERTY THAT IS NOT AGRICULTURAL PROPERTY , THE REQUESTED26
VALUATION THAT IS SET FORTH BY A PETITIONER OR A PETITIONER'S AGENT27
HB25-1095
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WITH THE UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE .2
A
S USED IN THIS SUBSECTION (5)(f), "UNIFORM STANDARDS OF3
PROFESSIONAL APPRAISAL PRACTICE " HAS THE SAME MEANING AS SET4
FORTH IN SECTION 12-10-602 (10).5
SECTION 4. Act subject to petition - effective date -6
applicability. (1) This act takes effect at 12:01 a.m. on the day following7
the expiration of the ninety-day period after final adjournment of the8
general assembly; except that, if a referendum petition is filed pursuant9
to section 1 (3) of article V of the state constitution against this act or an10
item, section, or part of this act within such period, then the act, item,11
section, or part will not take effect unless approved by the people at the12
general election to be held in November 2026 and, in such case, will take13
effect on the date of the official declaration of the vote thereon by the14
governor.15
(2) This act applies to notices of objection and protest as set forth16
in section 39-5-121 (1)(a)(I), C.R.S., petitions for appeals to the county17
boards of equalization as set forth in section 39-8-106 (1), C.R.S., and18
petitions for appeals to the state board of assessment appeals, district19
court, or arbitration as set forth in 39-8-108 (1), C.R.S., that are received20
on or after the applicable effective date of this act.21
HB25-1095
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